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The judgment below
The part of the corrective order of Paragraph 1-B of attached Table 1 is reversed, and this part of this case is applied.
Reasons
The grounds of appeal are examined.
1. As to the Plaintiff’s grounds of appeal, the lower court, based on the circumstances indicated in its reasoning, determined that both the advertisements Nos. 1 and 3 of this case, which the Plaintiff had conducted, constituted false or exaggerated advertisements under Article 3(1)1 of the Act on Fair Labeling and Advertising (hereinafter “Indication and Advertising Act”).
In light of the relevant legal principles and records, the lower court’s determination is justifiable. In so doing, it did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the false representation of advertisements and consumer mistake
2. As to Defendant’s ground of appeal
A. As to the ground of appeal No. 1, the lower court determined that it is difficult to view the Plaintiff’s advertisement No. 4 of this case as a false head of the display and advertisement under Article 3(1)1 of the Act on Advertisement and Advertising, on the ground that the Plaintiff sold L5 L5 to 3,430 won (openly 686 won), and the Plaintiff sold 600 won (openly 608 won) with 3,650 won (openly 608 won) and reduced the product price compared to the previous market price, on the ground that it is difficult to view the Plaintiff’s advertisement No. 4 of this case as a false head of the display and Advertising division under Article 3(1)1 of the Act on Advertisement and Advertising, on the ground that the subject of comparison of the “minimum price” used in the advertisement No. 4 of this case, was the previous market price, whether it is the previous market price, whether it is a competitor’s selling price of like product, or not.
In light of the relevant legal principles and records, the judgment of the court below is just, and there is no error by misapprehending the legal principles on the false or exaggeratedness of advertisements or consumer misunderstanding.
B. As to the ground of appeal No. 2, (1) The Act on Labeling and Advertising prohibits unfair labeling and advertising that deceives or misleads consumers in labeling and advertising of products or services.